UKRAINE’S UPCOMING ELECTIONS: A PIVOTAL MOMENT HEARING BEFORE THE COMMISSION ON SECURITY AND COOPERATION IN EUROPE ONE HUNDRED TWELFTH CONGRESS SECOND SESSION MAY 17, 2012 Printed for the use of the Commission on Security and Cooperation in Europe [CSCE 112–2–7] ( Available via http://www.csce.gov U.S. GOVERNMENT PUBLISHING OFFICE 94–842 PDF WASHINGTON : 2015 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMISSION ON SECURITY AND COOPERATION IN EUROPE LEGISLATIVE BRANCH COMMISSIONERS HOUSE SENATE CHRISTOPHER H. SMITH, New Jersey, BENJAMIN L. CARDIN, Maryland, Chairman Co-Chairman JOSEPH R. PITTS, Pennsylvania SHELDON WHITEHOUSE, Rhode Island ROBERT B. ADERHOLT, Alabama TOM UDALL, New Mexico PHIL GINGREY, Georgia JEANNE SHAHEEN, New Hampshire MICHAEL C. BURGESS, Texas RICHARD BLUMENTHAL, Connecticut ALCEE L. HASTINGS, Florida ROGER F. WICKER, Mississippi LOUISE McINTOSH SLAUGHTER, SAXBY CHAMBLISS, Georgia New York MARCO RUBIO, Florida MIKE McINTYRE, North Carolina KELLY AYOTTE, New Hampshire STEVE COHEN, Tennessee EXECUTIVE BRANCH COMMISSIONERS MICHAEL H. POSNER, Department of State MICHAEL C. CAMUN˜ EZ, Department of Commerce ALEXANDER VERSHBOW, Department of Defense [II] UKRAINE’S UPCOMING ELECTIONS: A PIVOTAL MOMENT MAY 17, 2012 COMMISSIONERS Page Hon. Christopher H. Smith, Chairman, Commission on Secu- rity and Cooperation in Europe .............................................. 1 Hon. Michael Burgess, Commissioner, Commission on Secu- rity and Cooperation in Europe .............................................. 2 Hon. Steve Cohen, Commissioner, Commission on Security and Cooperation in Europe ..................................................... 10 WITNESSES Yehvenia Tymoshenko, daughter of imprisoned former prime minister Yulia Tymoshenko .................................................... 3 Stephen B. Nix, Director, Eurasia Division, International Re- publican Institute (IRI) ........................................................... 5 David Kramer, President, Freedom House ............................... 6 Katie Fox, Deputy Director, Eurasia, National Democratic Institute (NDI) ......................................................................... 6 Gavin Weise, Deputy Director, Europe and Asia, Inter- national Foundation for Electoral Systems (IFES) ............... 7 APPENDICES Prepared statement of Hon. Christopher H. Smith ................. 30 Prepared statement of Stephen B. Nix, Director, Eurasia Division, International Republican Institute (IRI) ............... 31 Prepared statement of Katie Fox, Deputy Director, Eurasia, National Democratic Institute (NDI) ..................................... 36 Prepared statement of Gavin Weise, Deputy Director, Europe and Asia, International Foundation for Electoral Systems (IFES) ....................................................................................... 38 (III) UKRAINE’S UPCOMING ELECTIONS: A PIVOTAL MOMENT May 17, 2012 COMMISSION ON SECURITY AND COOPERATION IN EUROPE WASHINGTON, DC The hearing was held at 2 p.m. in room 1310, Longworth House Office Building, Washington, DC, Hon. Christopher H. Smith, Chairman, Commission on Security and Cooperation in Europe, presiding. Commissioners present: Hon. Christopher H. Smith, Chairman, Commission on Security and Cooperation in Europe; Hon. Michael Burgess, Commissioner, Commission on Security and Cooperation in Europe; and Hon. Steve Cohen, Commissioner, Commission on Security and Cooperation in Europe. Witnesses present: Yehvenia Tymoshenko, daughter of imprisoned former prime minister Yulia Tymoshenko; Stephen B. Nix, Direc- tor, Eurasia Division, International Republican Institute (IRI); David Kramer, President, Freedom House; Katie Fox, Deputy Di- rector, Eurasia, National Democratic Institute (NDI); and Gavin Weise, Deputy Director, Europe and Asia, International Foundation for Electoral Systems (IFES). HON. CHRISTOPHER H. SMITH, CHAIRMAN, COMMISSION ON SECURITY AND COOPERATION IN EUROPE We do have a vote and a series of votes, and then Dr. Burgess and I and the other members of the Commission will start and go as far as we can before we have to rush to the other vote, and then we’ll come right back. So I apologize and ask you to bear with that delay. Welcome to this Helsinki Commission hearing on the October 28th parliamentary elections in Ukraine. Even though the actual voting is still five months away, in the hope of—that matters great can still be properly addressed, we believe it is important to focus attention now. Ukraine’s past four national elections, two presi- dential and two parliamentary, have met international democratic standards. They received positive assessments from the OSCE-led international observation missions and other international observ- ers. But given Ukraine’s democratic backsliding under Viktor Yanukovych, we still have reason to be concerned about the pre- election climate and watchful for attempts to skew the conditions in which the campaigns will be conducted. (1) 2 The October 2010 elections, the local elections, and more recently the March mayoral elections, were problematic, and Ukraine’s gen- eral backsliding is very troubling. We see it in the independence of the judiciary, in corruption, tightening controls over the media and harassment of NGOs. All these things could also have a debili- tating impact on the election process. Concerns are emerging that in addition to potential overt voting day election-rigging, more subtle measures of manipulation may al- ready be taking place, such as putting pressure on opposition can- didates to not run or to switch allegiances to the ruling regime’s party. Equally disconcerting—and I would say disgusting—is the unjust imprisonment of political opposition leaders from Prime Minister—former Prime Minister Tymoshenko to former Interior Minister Yuri Lutsenko, removing their participation in the elec- tions and casting a shadow over the entire election process. Of course everyone remembers that last October, former prime minister Tymoshenko was given a seven-year sentence on Soviet- era specious charges of abuse of office in a highly irregular judicial process, that nobody’s buying, specifically for signing a 2009 gas contract with Russia, allegedly without approval from the cabinet of ministers. Unless she and other senior foreign government offi- cials are released from prison and restored to their full potential and civil rights, the October elections will, by the very fact of their imprisonment, be tainted. The imprisonment of leading opposition figures alone is so significant and so outrageous that they will make it impossible for the international community to assess these elections as having met international democratic standards. These elections are a litmus test for Ukrainian democracy of the degree and kind of democracy it still has. The election process, in- cluding the pre-election environment—registration, campaign vot- ing, counting and tabulation—will tell us a lot about Ukraine’s fu- ture course. Will Ukraine continue sliding towards authoritarianism or will it resume its path to democracy? Another factor here is that, in 2013, Ukraine will assume the leadership of the OSCE, which makes it even more important that these elections be conducted in line with OSCE standards of free- dom and fairness. If not, Ukraine’s chairmanship itself will be under a cloud. As a long-time advocate of democracy, human rights and the rule of law in Ukraine, I hope that the Yanukovych government will not tear Ukraine away from its recent tradition of free and fair na- tional elections and will permit a genuinely democratic election process, one in which political parties and candidates compete on a level playing field, there exists equitable media access, and the balloting is conducted in a manner that instills confidence. And again, those who have been imprisoned absolutely must be re- leased. I’d like to now turn to my friend and colleague Dr. Burgess, a fellow Commissioner. HON. MICHAEL BURGESS, COMMISSIONER, COMMISSION ON SECURITY AND COOPERATION IN EUROPE Thank you, Mr. Chairman, I’ll forgo an opening statement be- cause of the pendency of votes and I am anxious to hear from our witnesses. I will just say that I’ve become increasingly concerned, 3 from what I’ve read in the lay press, about the medical condition of former prime minister Tymoshenko and the necessity of getting her the medical help that she needs in addition to securing her re- lease from what sounds like an unjust incarceration. So I’ll yield back and resume after votes. Mr. SMITH. Before getting to our panel of witnesses, we do have a very important panelist who will be testifying from Kyiv. Yevhenia, who’s the daughter of the former prime minister, has graciously agreed to join us and will speak to us. And again, we will have to leave at some point. If she can hang on, we will come back and ask some questions. But I would like to open up the con- nection. And I would also ask that any of our panelists, when Dr. Burgess and I leave, have a question they’d like to pose to her, we’ll keep the record going here so that you can pose such a ques- tion to her. Please proceed, and thank you so much for joining us and for the very courageous stand and defense of your mother. YEHVENIA TYMOSHENKO, DAUGHTER OF IMPRISONED FORMER PRIME MINISTER YULIA TYMOSHENKO [via Skype]: Hello, ladies and gentlemen.